Family Medical Leave

Can you get fired on Medical Leave of Absence or FMLA?

Federal and state law requires covered employers to provide certain employees with the right to take an unpaid leave from work for certain family and medical reasons. The federal law is the Family and Medical Leave Act (FMLA); the state law is the California Family Rights Act (CFRA).

In California, employers subject to CFRA (“covered employers”) are those who do business in California and employ 50 or more part-time or full-time employees, including non-profit religious organizations. To be eligible for an FMLA or CFRA leave, an employee must:

  1. have worked for the employer for more than 12 months (52 weeks) either on a full-time or part-time basis;
  2. have worked at least 1,250 hours in the 12-month period before the date the leave begins;
  3. work at a location in which the employer has at least 50 employees within 75 miles radius of the employee’s work site; and
  4. require time off from work to care for a parent, child, spouse, or registered domestic partner who has a serious health condition; for your own serious health condition; for pregnancy or prenatal care; or for the birth, placement or adoption of a child.

Violation of FMLA

FMLA and CFRA also make it illegal for a covered employer to interfere with the employee’s right to take a family medical leave, to harass the employee for taking a family medical leave, to deny a valid leave request, or to refuse to hire or promote the employee because he or she has taken or will take a family medical leave. It is also a violation of FMLA or CFRA for a covered employer to retaliate against the employee for requesting a family medical leave or for complaining about a violation of family medical leave laws.

If you qualify for a family or medical leave under either the FMLA or CFRA law, your employer:

  • may not fire you for taking up to 12 weeks of leave during a 12-month period;
  • must give you back the same or equivalent job (same pay, benefits, working conditions, and seniority) after you return to work; and
  • must continue to pay for your health insurance benefits during your leave as it normally would have during your employment.

FMLA fired after returning to work

It is illegal for an employer to interfere your FMLA or CFRA rights, or to retaliate against you for asserting your legal rights. At Clark Employment Law, we are committed to seeking justice for employees who have been denied their family medical leaves. Please contact our firm if you feel that your employer has denied your family medical leave right or retaliated against you for taking the protected leave. Our Los Angeles based attorneys have experience and expertise in the family medical leave laws. You can trust us to thoroughly assess whether there is a violation of your FMLA or CFRA right. We will assist you in pursuing all legal remedies that are available to you.

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